Section 21 & Section 8 Possession Notice Received

[Kiwi2016]

[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

Hi,


I need your help please. I have received a Section 21 and Section 8 notice from solicitors representing my landlord. Some basic points that come to mind:


The tenancy agreement is an AST. It commenced in mid May 2015.
The agreement has a clause about the Tenancy deposit scheme arrangements. I did a search on the TDS site (mentioned in the tenancy) and there is no record of the deposit. The landlord did not provide me with any details at the beginning or ever-since.
The first payment was made in cash (deposit and rent in advance). I have the signed receipt from him for that initial payment.
The statement of account sent by the solicitors omits the cash payments made from time to time. It lists the bank payments only. I do not have receipts for the cash payments from him.
Section 8 lists ground 8 and ground 10 for possession of the property.
The notice has been dated as the middle of March 2017. I have not received anything from the court regarding section 8 as yet. Section 21 expires at the end of May.

I have experienced homelessness before and the thought of having to revisit that chapter again is causing many a sleepless night. I would greatly appreciate your input on the above.

Many thanks,
Kiwi

[Kati]

Re: Section 21 & Section 8 Possession Notice Received

tagging [MENTION=15129]Crazy council[/MENTION] too xx

[nemesis45]

Re: Section 21 & Section 8 Possession Notice Received

Hello Kiwi,
That's rather unpleasant for you.

The receipt (s) you have is the deposit specifically mentioned?

Would be worth calling the deposit scheme provider directly I think.
nem

[Kiwi2016]

Re: Section 21 & Section 8 Possession Notice Received

Hi Nem, I haven't received the county claim forms as yet. I know it's just a question of time before they arrive. I have checked the paperwork and the tenancy agreement mentions tds as the deposit scheme holder. The tenancy agreement has the landlords had written acknowledgement and signature of taking the deposit. I checked on the tds website and there is no record of the deposit having been registered and protected.

[KyzerSoze]

Re: Section 21 & Section 8 Possession Notice Received

Hey Kiwi...sorry to hear about the sec8/21 issued to you. Seems like the landlord must really want you out. Since you havent given any other details apart from whether your deposit is protected, i can't really advise. If all you asking about is that then your landlord should give ya the receipt.

[Kiwi2016]

Re: Section 21 & Section 8 Possession Notice Received

[MENTION=101999]KyzerSoze[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=15129]Crazy council[/MENTION]

Hi there, thanks for your post. The 2 month notice I received expires on the last day of this month. I assume the landlords solicitor will then proceed with applying for repossession of the property from the court. Can you breakdown the legal process for me? I'd like to know for example; from the time the solicitor fills in a small claims form how long a court will take to get a defendants form to me, how long I have to complete and return it, roughly how long the court will take to get back with the hearing date, what happens at the hearing in terms of issuing a possession order? With my health not being so good, how that can have a bearing on the process. Essentially, if it is a case of me having to leave the property for certain; how can I pro-long the process to the very maximum?
Many thanks,
Kiwi

[Crazy council]

Re: Section 21 & Section 8 Possession Notice Received

Hi

There is a few routes the LL may take, depending on how fast they want to act,

High court ( FASTEST ) -- They apply to the local court for the possesion( after the date on the notice your recived ) /eviction notice ( minimum 2 weeks ), then to the high court for enforcment ( can be imedeate, no notice )

Fast Track -- lower courts -- 6 to 8 weeks from possetion notice

Old track ( slow ) -- lower courts, 3 months plus

Some general info about the process.

If your 8 weeks in arrears ( ground 8 ) the judge doesnt really have any options, the eviction will go through, some of the grounds are manditory ( judge must act ), sometimes they will give you a few weeks to gfet sorted but dont depend on that.

With my health not being so good, how that can have a bearing on the process. Essentially, if it is a case of me having to leave the property for certain

,

Yes, judge doesnt have options at 8 weeks arrears, and no, your health staus would not make a difference to the judge, but you could use it at the council to get rehoused,

Thats the best suggestiuon i can think of, take the notice to the council at this stage

[Kiwi2016]

Re: Section 21 & Section 8 Possession Notice Received

[MENTION=15129]Crazy council[/MENTION]

Thank you for the info. So, from the time the notice I have received expires (the last day of this month) - the landlord can then apply to the court for possession? The fastest route, still involves 6-8 weeks from this time? The lower courts issue the possession order and the high court enforce that order? Does the 6-8 week time period you mention take in to consideration me entering a defence and going to the court hearing? I'm just trying to work out the most amount of time I have left at the property from the end of this month. I'm aware high court bailiffs can come without giving notice, so I need to work out my maximum time left between the end of the month and the possession order being issued by the judge for the high court enforcement bailiffs. Thanks, Kiwi

[KyzerSoze]

Re: Section 21 & Section 8 Possession Notice Received

I would like to advise but id first have to read from the beginning as im lost. I can say that if its the sec 8 you dealing with...you have a few ways of buying time or even getting it thrown out completly. But your LL has backed himself up with the sec 21 that u cannot defeat unless its invalid. Im sure others have given you the correct advice.

[Kiwi2016]

Re: Section 21 & Section 8 Possession Notice Received

[MENTION=101999]KyzerSoze[/MENTION]

The landlord hasn't protected the deposit since I moved in over 2 years ago, so am I correct in saying that the section 21 will be thrown out by the Judge as not valid? What are the few ways you suggest that I can have the section 8 set aside? Thanks

[KyzerSoze]

Re: Section 21 & Section 8 Possession Notice Received

Hey...if you can gime bout 1hr i can reply. Just have to get home as the fone flat and running on solar power..ha

[Diana M]

Re: Section 21 & Section 8 Possession Notice Received

the tenancy agreement mentions tds as the deposit scheme holder. The tenancy agreement has the landlords had written acknowledgement and signature of taking the deposit. I checked on the tds website and there is no record of the deposit having been registered and protected.

There are three tenancy deposit schemes and they each have their own website (no central register that I'm aware of).

Even though your tenancy agreement states 'TDS' this is sometimes used as a generic reference so check all three schemes on Shelter's website checker here >

https://england.shelter.org.uk/housi...t_is_protected

Di

[Kiwi2016]

Re: Section 21 & Section 8 Possession Notice Received

[MENTION=87380]Diana M[/MENTION]

Thank you posting the link to Shelter. I have searched all three tenancy deposit schemes and I can not find any record of the deposit.

Regards,
Kiwi

[Diana M]

Re: Section 21 & Section 8 Possession Notice Received

I have searched all three tenancy deposit schemes and I can not find any record of the deposit.

That's a good start

If the Landlord makes an application for possession under Section 21 but hasn't protected the deposit, then you must make that known to the court - so gather evidence now.

Don't tell the Landlord's solicitors it's not protected because it can be remedied by protecting the deposit, although I think a new section 21 Notice may have to be served if that's the case, and I also think they can't serve a new section 21 Notice until 30 days after the deposit has been protected.

However your rent arrears may be a different issue since Ground 8 is mandatory (as has been said).

Can you give a little background to the situation such as how the arrears arose in case there's something which can be done to rescue the situation and keep you in your home.

Would HB shortfall be contributory or some other reason outside of your control?

Di

[Diana M]

Re: Section 21 & Section 8 Possession Notice Received

@Diana M

Thank you posting the link to Shelter

Here's another Shelter link which sets out the timetable of events following a Section 21 Notice, but the most important thing is to establish whether that Notice is valid >

https://england.shelter.org.uk/housi...iction_process

Call Shelter's free helpline 0808 800 4444.

It's open 365 days a year (weekends 8 am - 5 pm).

Di